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The motion for leave to appeal was dismissed based on two primary grounds. The first ground cited CPLR 5511, stating that an appeal cannot be taken from an order of the Appellate Division which dismissed an appeal from an order entered on consent. The second reason for dismissal was that the Appellate Division's order, which denied the motion for reargument or leave to appeal, does not constitute a final determination of the proceeding within the meaning of the Constitution. Therefore, the court found no basis for further appeal in this matter.
Claim of Swindell v. Burns & Roe Construction Co. is a workers' compensation case decided in New York Court of Appeals. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in New York Court of Appeals.
Full Decision Text1 Pages
The motion for leave to appeal was dismissed based on two primary grounds. The first ground cited CPLR 5511, stating that an appeal cannot be taken from an order of the Appellate Division which dismissed an appeal from an order entered on consent. The second reason for dismissal was that the Appellate Division's order, which denied the motion for reargument or leave to appeal, does not constitute a final determination of the proceeding within the meaning of the Constitution. Therefore, the court found no basis for further appeal in this matter.
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